ORC PLAN CHANGE 6A Overview & Update. Kim Reilly, Federated Farmers Regional Policy Manager, South Island

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1 ORC PLAN CHANGE 6A Overview & Update Kim Reilly, Federated Farmers Regional Policy Manager, South Island 2 December 2014

2 Introduction Why and how? National Framework: RMA; NPS; NOF Regional Variation ORC Plan Change 6A Overview Transition Times Schedules 15 & 16 Prohibited and permitted activities Stock Crossings Clearing Drains Checklist

3 Introduction why & how? National Framework Resource Management Act (RMA) and National Policy Statement Freshwater Management 2011 (NPS) Regional Variations both in approaches taken to implementing the NPS and where each region is currently at. Otago Regional Council gave effect to its requirements under NPS through Plan Change 6A.

4 National Framework: NPS Freshwater Management Regional Councils requirements include: To maintain or improve overall water quality and quantity To set freshwater quality limits Where objectives are not met, must specify targets and implement methods to meet those targets, within a defined timeframe To manage catchments freshwater & landuse in an integrated and sustainable way

5 Regional Variation Environment Canterbury Land & Water Regional Plan currently undergoing High Court appeal Intensive Zone Committee, Sub-Regional Catchment processes very resource hungry Nutrient limits set based on current water quality outcomes i.e. in red zones properties will be unable to increase nitrogen leaching above baseline level. N Leaching greater than 20kg/ha/yr will require resource consent.

6 Regional Variation Horizons Region One Plan (Manawatu) First off the block appealed through the Environment Court and High Court. Extremely costly and resource hungry process. Identifies priority catchments and sets limits for nutrient outputs reducing over time based on land use capability. Consent Required for all discharges but degree of complexity changes depending on output. Compliance required by 2015/2016. No existing capability to achieve all consents and FEPs required by 2015/2016

7 ORC Plan Change 6A Overview An effects-based approach to managing discharges to water Applies to all rural land uses and all rural land holders from small lifestyle blocks to farming business units Provides flexibility for land managers to decide how to best manage their properties Focus is on controlling contaminant discharges rather than the land use activities that create them. Includes both a mix of permitted and prohibited activities

8 TRANSITION TIMES WHAT APPLIES NOW! Prohibited activity rules Sediment control Bed Disturbance Rules WHAT APPLIES IN 2020 Schedule 16 (Discharge contaminant concentration) OVERSEER nitrogen leaching rates

9 Schedule 15 what you need to know River and lake limits set to provide for safe swimming, food gathering, recreation & healthy ecosystems Limits apply when discharges can be reasonably managed when river is at or below median flow. Find real time and median flow data on ORC website s Water Info page Limits are achieved when 80% of samples collected, over a rolling 5-year period, meet or better Schedule 15 limits Target date of 31 March 2025 is set when the contaminant concentration does not meet limits as at 31 March 2012.

10 Receiving Water Groups (Sch 15)

11 Schedule 16 contaminant thresholds Sets thresholds for water quality coming off your land prior to entering a waterway Need to comply by 2020 Issues for farmers How and where to take samples? Shirley/Justin presentation in afternoon

12 Ground Water protection nitrogen leaching rates: Rule 12.C.1.3

13 Ground Water protection nitrogen leaching rates: Rules 12.C.1.3

14 From 2020, both Schedule 16 provisions for contaminants and the nitrogen leaching rates in Rule 12.C.1.3 must be met; Can apply for a restricted discretionary consent for a 5 year period For consent you must be able to show how you will manage your discharges to enable staged compliance over the duration of consent. Applications may be subject to limited notification (not public notification)

15 Prohibited Activities THESE RULES ARE IN FORCE NOW. Prohibited Activities are: No discharge from any contaminant to water that produces odour, film, scum or foam RULE 12.C.0.1 No discharge from any contaminant from an effluent pond, storage system, silage pit or composter to water RULE 12.C.0.2 No discharge of sediment from disturbed land to lake, river, wetland, drain or coast RULE 12.C.0.3

16 Prohibited Activities Ponding of Dairy Effluent or Dairy effluent to water

17 Prohibited Activities Dairy Effluent to water

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19 ORC response to breaches to date Noted that even some farm leaders with good infrastructure are finding this season tough, with many days where effluent application hasn t been easy. Reinforced that good management is a great start, but you need to think about application on a whole season basis Advice: to seek help from the ORC team James White and Rob Schick here to try and help.

20 ORC advice Systems to help reduce the risk Having enough storage to get through the shoulder periods peace of mind and lets you use your effluent as you want to. Emptying ponds during drier periods, a little goes a long way when done well. Use of well managed, low rate irrigation systems will help avoid ponding and give more application flexibility. Make sure staff using effluent systems have the training necessary to know how the systems work.

21 ORC advice Systems to help reduce the risk

22 ORC advice Systems to help reduce the risk

23 ORC advice Systems to help reduce the risk

24 ORC advice Systems to help reduce the risk

25 Prohibited Activities

26 Suggested silage pit management capture run-off

27 Permitted Activities These are in force now. What you need to know: Sedimentation: where sediment enters rivers and streams there are conditions around Change in colour or visual clarity (eg a visual plume); Sedimentation on the bed You ll need to apply for consent if you don t think you can meet permitted activity conditions.

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30 Permitted Activities continued Stock access to waterways: is permitted provided the following conditions are met: No feeding out on the bed of waterway No visual change in colour or clarity No noticeable pugging, slumping or erosion No damage to fauna or flora within a significant wetland You ll need to apply for consent if you don t think you can meet permitted activity conditions.

31 Examples of stock pugging & riverbed disturbance

32 Permitted Activities - continued Driving Stock Through Waterways is permitted where: no crossing structure is available for use; No visual change in colour or clarity after crossing has ceased; No noticeable pugging, slumping or erosion Use culverts or bridges where possible it is now easier to put these in without consent

33 Cleaning out streams or drains Area of considerable confusion Is it a drain or river? If it s a stream or river you need to apply for consent Seek clarification from Council flowchart? Look at ways to reduce the frequency of needing to clean out. Fix the source reduce sediment; spray instead; plan in advance

34 Checklist: What should I be doing? Comply with permitted and prohibited activity rules. These are in force NOW. Get involved: stay up to date on what s going on in your catchment and region; Talk with your neighbours or others in your district share concerns, strategies, what is working, what isn t working; combine Find out what the water quality is like in your catchment are changes going to be needed? Identify good management practices, attend field days, share learnings, keep up-to-date.